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The Employment Contract
When you signed your application form, employment contract and agreed
to become an employee, you entered into a contractual arrangement with the
Board called an Employment Contract. This contract is important to you and
the Board because it legally binds your employment to the Board and the
Board to you. This is not to say that you couldn't look for other work
if dissatisfied, it only means that while employed with the Board, both
the Board and you have agreed to abide by a number of specific, binding
arrangements.
Falling under the general heading of Contract Law,
the Employment Contract lets you know what you can expect from the Board
as well as what the Board can expect from you. As an example, you can
expect to be paid according to the compensation programs of the Board, you
can expect to receive the health benefits the Board offers as well as to
be provided wage increases at set out by Policy. The Board, on the other
hand, has the right to expect: regular attendance with the exception of
authorized absences, your best effort at work and for you to be loyal
while in the employ of the Board. This is not a comprehensive list but it
gives you a sense of what you can expect and what is expected of you.
Your
Employment Contract with the Board is not just a list of mutual
expectations. Provincial Legislation and your Collective Agreement have
served to amend the obligations the Board has to you and you to the Board.
Provincial Legislation has served to amend the Employment Contract by adding further
obligations onto the Board. As an example, legislation has been created to
ensure that employees work in a safe environment, are able to work free
from harassment and/or discrimination, or are not terminated improperly or
if they are then they receive severance pay to compensate for the improper
termination. Provincial Legislation, in some cases, can dictate the
qualifications required for a specific position. As an example, according
to the School Act http://www.qp.gov.ab.ca/Documents/acts/S03.CFM,
teachers must have a provincial teaching certificate in order to teach. As
well, teachers are also obligated to teach in a competent manner.
It
is important for you to know that you cannot waive your rights under
legislation. It is illegal to both offer and for you to accept an
agreement with the Board that violates any piece of applicable
legislation. As an example, you may not agree to waive your rights to be
accommodated if you are injured at work.
A short list of applicable legislation that affects
the Employment Contracts includes:
The Collective
Agreement (if you are a member) has also served to amend your Employment
Contract. Your Union /Association has negotiated modifications to your
Employment Contract in areas such as the length of your workday, how the
Employment Contract may be terminated and how differences with the Board
may be processed (grievance procedure). Your Union/ Association has the
opportunity to further amend your Employment Contract each time the
Collective Agreement expires.
Your
Employment Contract binds you to the Board and the Board to you until one
or the other decides that the relationship is no longer mutually
beneficial. It is at that point that you may provide appropriate notice to
the Board of your decision to resign from your position. The Board
requires notice consistent with your position. Appropriate notice ranges
from a minimum of two weeks to as much as an individual feels they can
provide.
Terms and Conditions of Employment
As part of
your Employment Contract, the Board requires that you understand and
comply with the Terms and Conditions the Board feels are essential in
their maintenance of educational operations. It is important for you to
know that failure to comply with the following Terms and Conditions of
Employment could result in disciplinary action up to and including
discharge. Many of these Terms were outlined to you in your recruitment
and orientation process. Others have been made available to you by way of
postings. Please read these carefully. Please see your Supervisor or call
Human Resources for clarification on any of these.
Staff Reductions
For
information on the process for staffing reductions, please visit your
employee group for further details:
Questions and Disputes with Co-Workers or Supervisors
The goal is the Board is not a workplace free of disputes but rather a
workplace where everyone can have their questions answered without fear
and where disputes can be resolved amicably for the betterment of our
education system.
Disputes can arise from a
number of different sources. These include:
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An incomplete knowledge of the objectives/goals of others
or the department itself.
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Conflicting objectives/goals
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Misunderstanding as to goals and objectives
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Unresolved disputes that have left behind unresolved
emotional issues
In any event, the priority is to resolve the problem.
You have a number of options in having a dispute resolved:
If
the dispute is with another individual within your Department, you can
attempt to resolve the problem with that individual in a frank
face-to-face discussion. You are encouraged to ensure you have the
same understanding of the problem and the same objectives. While you
may attempt to clarify priorities or goals between yourselves, you may
find it more convenient and accurate if you see your Supervisor for
clarification of priorities or goals and objectives.
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A dispute with your Supervisor can take on many forms. You
may disagree on priorities or goals. In that case, you are encouraged
to ask for clarification and/or a review. If you feel your Supervisor
is being unfair, you have the obligation to state so in a candid,
straightforward but respectful manner. If your issue is not resolved,
you are urged to take the matter to the Director of Human Resources
Services. If your Supervisor has offended you in a manner consistent
with the Human Rights Code including Harassment or Discrimination, you
are urged to follow the process outlined in the section entitled Human
Rights.
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If your dispute is with an individual in another department,
you are still encouraged to resolve the problem with the other
individual in a frank face to face discussion. You are encouraged to
ensure you have the same understanding of the problem and the same
objectives. If there is no resolution, both of you are encouraged to
address the issue with your respective Supervisors. Through this
method, both of you can ensure you have the correct information and
priorities/goals. If need be, the Supervisors may provide clarifying
information to either or both of you for an expedited problem
resolution.
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If your dispute is with someone not employed with the
Board, every effort needs to be made to remain calm, focused on
problem solving and to be respectful. Please remain informative.
Offensive, rude or discriminatory/harassing remarks made to you should
be reported to your Supervisor immediately. There is no obligation to
subject yourself to harassment or discrimination. If you receive
inappropriate remarks, please tell the individual that you feel the
remarks are inappropriate and unwanted. Ask them to focus on the issue
at hand as well as to refrain from further inappropriate remarks. If
the remarks continue, at a time you feel that the conversation is no
longer of value, advise the individual that the conversation is being
terminated for the remarks made to you. Please remove yourself from
the situation immediately and report the matter to your
Supervisor immediately. As well, please document the situation
immediately
including the names of individuals involved, dates, times, witnesses
and other important information such as what was said. Please become
familiar with the contents of the page on Human
Rights if you feel the matter warrants further attention
due to the harassing or discriminating remarks.
If on the other hand,
you feel you may have "stepped over the line" in a comment made to a
non-employee and if the individual you made the comment to is still
present, you are encouraged to remember our Board's Values and respond
accordingly. Please apologize and make amends if you feel that is
warranted. If you feel an apology is not warranted, please advise your
supervisor of the situation in the event the problem escalates to your
supervisor's level.
Human Resource Services Questions
Depending on the topic and nature, your questions
can be addressed to any number of individuals:
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Most employment related questions can be addressed to you
Supervisor. This includes when your next performance review will
occur, promotional opportunities, problematic situations, personal
development, etc.
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Please
go to http://www.efap.ecsd.net/
if your problem is of a personal nature and requires professional
attention. Problems could include alcoholism, drug usage, marital
issues, children issues, interpersonal difficulties, anger management
and more.
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Feel free to call Human Resources if you have an
employment related question. These can be addressed to the following:
Policies and Procedures
The School Board has a number of Policies and Procedures that all employees
are required to follow. Please take the time review these
Policies
and Procedures.
The Work Day
The length of
your workday is determined by a combination of the daily hours of work as
directed by the Board, the needs of the position and the Collective
Agreement where applicable. The length of the day is not at all related to
the importance of the position or the employee group. As an example, a
Teacher Assistant may work a 6-hour day for no reason other than that's
the length of the school day. It bears no resemblance to the very
important work that these people perform.
As well, the
length of your workday depends on your full time/part time status. A full
time employee is required to work the entire workday - whether it be 7
or 8 hours. A part time employee is only required to work their
equivalent. As an example, a .5 employee is only required to work one half
(.5) the time that full time employees of the same employee group.
The length of
the workday is outlined in your Collective Agreement. The following provides a brief synopsis of your hours of work:
| Group |
Hours of Work |
Overtime |
| Out of Scope |
7 hours/day |
after 35 hours/week, where approved |
|
AUPE |
8 hours/day |
after 40 hours/week, where approved |
| ECSSA |
7 hours/day |
after 35 hours/week, where approved |
| ATA |
1400 minutes/week instruction and
400 minutes assignable time |
not applicable |
You
are encouraged to review your Collective Agreement, call your local
Union/Association representative or your Supervisor for more details.
Injuries while at Work
By
law, you are required to report all work-related injuries to your
Supervisor. Failure to do so may jeopardize the acceptance of your claim.
Attendance at Work
Reporting my Absences
You are required to report all incidents of absenteeism. You can do so
in one of two ways:
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You
can call into AESOP
at 1-800-94AESOP (1-800-942-3767). You must use the 1-800 number in order to access AESOP. Failure to do so will connect you with a local Edmonton
number.
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You
can access AESOP on line at: http://www.aesoponline.com.
You will need to know your employee number and you PIN number to
access this web page. Please call Human Resources Services if you have
lost or forgotten your Pin Number.
Leaving messages with colleagues or asking
colleagues to report your absence to your supervisor is not permitted.
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